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Judgment
J.R. Midha, J.
C.M. Nos. 7765-67 of 2008:
The delay in filing of the application for substitution of the legal representatives of Ram Pyari Anand is condoned.
Appellant No. 1, Ram Pyari Anand expired on 8.8.2006 and her share has devolved upon appellant Nos. 2 to 5 who are already on record and are substituted in place of deceased-appellant No. 1.
CMs stand disposed of.
M.A.C. Appeal No. 273 of 2006:
The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 2,33,600 has been awarded to the appellants. The appellants seek enhancement of the award amount.
The accident dated 28.1.2005 resulted in the death of Madan Mohan Anand. The deceased was survived by his widow, two sons, one daughter and mother who filed the claim petition before the learned Tribunal.
Deceased was aged 59 years at the time of the accident and was carrying on the business of supply of sanitary fittings. The deceased was having his own shop at Hauz Quazi, Peepal Mahadev in the name of Sandeep Sanitation and he was earning Rs. 10,000 per month. The widow of the deceased appeared in the witness-box and proved the income of the deceased by the income tax return, Exh. PW1/21. PW 1 also proved the certificate of Chartered Accountant regarding the computation of income as Exh. PW1/27 and Exh. PW1/28.
The learned Tribunal took the income of the deceased to be Rs. 3,492.90 per month according to the minimum wages for matriculate, deducted 1/3rd towards personal expenses and applied the multiplier of 8 to compute the loss of dependency at Rs. 2,23,576. Rs. 10,000 has been awarded towards loss of consortium and funeral expenses. The total compensation awarded is Rs. 2,33,600.
The learned Counsel for the appellants has urged the following grounds at the time of hearing of this appeal:
(i) The income of the deceased be taken to be Rs. 10,000 per month as proved by Exh. PW1/21, Exh. PW1/27 and Exh. PW1/28.
(ii) The future prospects be awarded to the appellants.
(iii) The personal expenses of the deceased be reduced from 1/3rd to 1/4th.
(iv) The multiplier be enhanced from 8 to 9.
(v) The compensation for loss of consortium be enhanced.
(vi) The compensation be awarded for loss of love and affection and loss to estate.
(vii) The rate of interest be enhanced.
With respect to the income of the deceased, the learned Tribunal has erred in not considering Exh. PW1/21 which is the income tax return filed by the deceased for the year 2003-04. The learned Tribunal only considered Exh. PW1/27 and Exh. PW1/28. However, the learned Tribunal did not find Exh. PW1/27 and Exh. PW1/28 as sufficient proof of income on the ground that the said documents were signed by the Chartered Accountant only and they have not been proved by examining the Chartered Accountant. The learned Tribunal appears to have ignored Exh. PW1/21 which is the income tax return filed by the deceased in which the income from business during the year 2002-03 has been declared to be Rs. 1,20,000.
The finding of the learned Tribunal with respect to the income of the deceased is, therefore, set aside and the income of the deceased as proved by Exh. PW1/21 is taken to be Rs. 1,20,000 per annum.
The appellants also claimed future prospects. Since the deceased was 59 years old and was self-employed, the claim for future prospects is rejected following the judgment of the Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, .
The deceased was aged 59 years at the time of the accident and left behind five legal representatives. According to the judgment of the Hon''ble Supreme Court in the case of Sarla Verma 2009 ACJ 1298 (SC), the appropriate multiplier at the age of 59 years is 9 and the appropriate deduction is 1/4th as the deceased has left behind 4 to 6 legal representatives.
Following the aforesaid judgment of the Hon''ble Apex Court, the multiplier is enhanced from 8 to 9 and the personal expenses of the deceased are reduced from 1/3rd to 1/4th.
The learned Tribunal has awarded Rs. 10,000 towards loss of consortium and funeral expenses which is treated to be only towards funeral expenses. Rs. 10,000 is awarded for loss of consortium.
The learned Tribunal has not awarded any compensation for loss of love and affection and loss to estate. Rs. 10,000 is awarded towards loss of love and affection and Rs. 10,000 is awarded towards loss to estate.
The learned Tribunal has awarded interest at the rate of 7 per cent per annum. Following the judgment of the Hon''ble Supreme Court in the case of Dharampal and Others Vs. U.P. State Road Transport Corpn., the rate of interest is enhanced from 7 per cent per annum to 7.5 per cent per annum.
Taking the income of the deceased to be Rs. 1,20,000 per annum, deducting 1/4th towards personal expenses, applying the multiplier of 9, adding Rs. 10,000 for loss of consortium, Rs. 10,000 for loss of love and affection and Rs. 10,000 is awarded towards loss to estate and Rs. 10,000 towards funeral expenses, the total compensation is computed to be Rs. 8,50,000 [(Rs. 1,20,000 x 3/4 x 9) + Rs. 10,000 + Rs. 10,000 + Rs. 10,000 + Rs. 10,000].
The appeal is allowed and the award amount is enhanced from Rs. 2,33,600 to Rs. 8,50,000 along with interest at the rate of 7.5 per cent per annum from the date of filing of the petition till realization.